NACD v MIMIA

[2003] HCATrans 544

[2003] HCATrans 544

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S438 of 2002

B e t w e e n -

NACD

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 12 DECEMBER 2003, AT 12.29 PM

Copyright in the High Court of Australia

MR R.J. BROMWICH:   May it please the Court, I appear for the respondent in that matter.  (instructed by Clayton Utz)

GUMMOW J:   Yes, Mr Bromwich.

MR BROMWICH:   We have information to indicate that the applicant left the country two weeks ago.  Might I have leave to file in Court an original and two copies of an affidavit?

GUMMOW J:   Yes.

MR BROMWICH:   It is an affidavit sworn by Ziad Chami on 11 December 2003.  We cannot be 100 per cent certain, but it is the name used by the applicant to get into the country and it appears he has left the country and your Honours will see that the handwritten address on the last page is the same as the last known address of the applicant.

GUMMOW J:   Yes.  Perhaps it would be best to call the matter outside the Court.

MR BROMWICH:   I would be grateful, your Honours.

GUMMOW J:   Officer, call matter No 13 outside the Court, if you would.

COURT OFFICER:   No appearance, your Honour.

GUMMOW J:   Thank you.  Yes, Mr Bromwich.

MR BROMWICH:   Your Honours, I have nothing to add, but in any event ‑ ‑ ‑

GUMMOW J:   So you move for dismissal of the application in effect?

MR BROMWICH:   On either basis, either on the merits itself or on the basis of no appearance.

GUMMOW J:   Yes.  Well, I think on the latter basis would be the most satisfactory, would it not?  For want of appearance by the applicant and in the circumstances disclosed by the affidavit that has been filed in Court this morning, the application is dismissed.  Do you seek costs?

MR BROMWICH:   I do, your Honour.

GUMMOW J:   Probably a futile enterprise I suppose.  It is dismissed with costs.

MR BROMWICH:   If the Court pleases.

GUMMOW J:   The Court will now adjourn to 3.30 pm on Monday, 2 February 2004 at Canberra.

AT 12.31 PM THE MATTER WAS CONCLUDED